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Whistleblowing, which emerged under the influence of US laws and international agreements, is a new concept for european countries. France was initially reluctant to establish effective whistleblower protections. Then, in recognition of its international commitments and in response to various political and financial scandals (Kerviel affair, Cahuzac affair), France adopted comprehensive reforms of its public and economic life by laws passed from 2007 to 2016. As such, beyond adopting the legislative changes called for in a number of european and international conventions, several measures should be considered to improve the legislation on whistleblowing in France, especially in the fight against national and transnational corruption. In the fight against corruption, OECD and GRECO have both recommended that France takes appropriate measures to promote reporting by public officials under article 40, paragraph 2 of the CPP. However, France’s recent legislative initiatives to reform whistleblower protection in the french public sector, voted from 2013 to 2016 (“Sapin 2”), remain silent on the procedure for implementing article 40, paragraph 2 of the CPP. Clearly, the text of article 40, paragraph 2 of the CPP, as drafted and applied today, no longer meets France’s needs or its international commitments. Legal protection of public officials who blow the whistle during the course of their duties on corruption matters is not sufficient to ensure the application of article 40, paragraph 2 of the CPP. The text should be overhauled in order to provide a coherent and efficient mechanism for reporting that protects the rights of french citizens. The scope of this article and the conditions for its implementation should be clarified, and the question of whether that provision should be coupled - or not - with a penalty should be discussed.

la revue des droits de l'homme

The example of Article 40, paragraph 2 of the French Code of criminal procedure in the fight against corruption and bribery: a whistleblowing mechanism for civil servants that is a legal obligation and not a mere right.